How To Get Domestic Violence Charges Dismissed: Affidavits of Non Prosecution (2021)

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An Affidavit of Non-Prosecution is a form that can be filled out by an alleged victim that gives this person the opportunity to either express their desire that the case not be prosecuted OR to provide specific information/evidence regarding what took place that provides a full picture of what actually took place between the parties.
The Affidavit of Non-Prosecution is a piece of evidence as useful as the police report. There can be many reasons why an alleged victim may feel it is necessary to give an affidavit of non-prosecution:
• The Alleged Victim Was Intoxicated - if the alleged victim was intoxicated at the time, the statements provided at the time the witness was intoxicated and emotional may be an unfair representation of what happened. As a result, it is important that the witness give an accurate statement explaining what they know to be the truth.
• The Alleged Victim was Emotional - it is human nature for an angry, frustrated or hyper-emotional person to perceive events in a manner that does not accurately reflect what took place. For example, how many people have regretted saying something when they were angry and later realized they did not mean what they said and needed to clarify what they meant?
• The Police Influenced the Alleged Victim’s Written or Oral Statement - many times, police are trained to ask leading questions to alleged victims to guide them to giving statements that provide probable cause for an arrest. An alleged victim may already be emotionally sensitive because of what has taken place and allows them to become an easy target for the police to manipulate them to provide information that may not accurately reflect what happened.
For instance, I recently had a case where my client’s girlfriend admitted she had been drinking and she was extremely angry because she thought he had been cheating on him and she overreacted to what happened. It was critical that this alleged victim provide a detailed statement through an affidavit of non-prosecution that not only established that she did not want to prosecute but outlined the facts establishing my client’s innocence.
After providing an Affidavit of Non-Prosecution, this new piece of evidence can be used to present to a Grand Jury on Felony Domestic Violence cases to potentially no-bill the case. Alternatively, the Affidavit of Non Prosecution can be presented to a prosecutor on a misdemeanor charge to create leverage to resolve the case in a way that will allow the client to have the case eligible to be expunged from their record.
If you have questions about Affidavit’s of Non-Prosecution and how they apply to your Domestic Violence case, Call the Hampton Law Firm at 817-877-5200 and we will be happy to listen to your unique story and give you a free case analysis to help you develop a clear plan of action of how to win your case.
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[@LoveOrHateMeButNotBoth]

I have watched your videos over and over because I find them very informative and useful. My only wish is that it was as easy as you make it seem. It is so very kind of you to help those of us who have no idea where to begin, but we trust that once we find out we will have received some great advice that things will work out in the end. Additionally, I would like to thank the woman who answered the phone on a Sunday at 6:50am. It was a pleasant surprise to be greeted by a very friendly and willing-to-assist voice behind my call for advice rather than a VM message, so thank you.

[@hamptonlawfirm]

My pleasure! My goal is to inform the public so that they know their rights and have a place to start their defense. If someone lives in the North Texas area, we stand ready to defend them from the State

[@ellaallen7367]

I wrote out and had an affidavit of non prosecution notarized but who would I bring it to in order to have it filed ?

[@ivonne9540]

I filled out my info and the button for the free e book doesn’t work!

[@DangerousDave4U]

Does this form exist in California?

[@kangoslim5874]

Do you take cases in Dallas County ?

[@hamptonlawfirm]

Yes, we do! Give us a call for a free consultation

[@LegallyLoadedTv]

Can the victim download the non prostitution affidavit?

[@MsMelissaP607]

What can they charge the witness within for change up ? They might say you lied on the report

[@kth2138]

Did you ever find this out?

[@MichaelCapetillo-oe8kw]

Misdemeanor false incident report

[@johnathanlivingstonseagull5524]

Is hugging an angry wife considered assault?

[@nancyarora1778]

Yes USA has idiotic laws - most DV cases are idiotic

[@zachjones6944]

Thanks, I have false DV allegations again my guy.

[@hamptonlawfirm]

Best of luck in getting your case dismissed!

[@katdog4739]

What if say a Mother That has Dementia Is taken to the HOSPTIAL because the caregiver wasn’t able at the time to drive her there at that time , because the Mother fell in the back yard then son gets her inside the house in her Lazyboy ,with minor court and bruises ( NOTE she had been up for nearly 2.5 days with catnaps) then need to go to bathroom Son helps her while she’s pushing her Roliator and helps her sit on the toilet by holding her arm as she sits down her shin tore where he’s holding her Mother gets very upset Son calls Ambulance and at the Hospital she sighed some DV ON SENIOR OVER 65 paper work Hospital calls son that she is being released she goes back home no problem then he had a Domestic Violent Abuse warrant 3rd degree Felony Mother doesn’t remember signing any papersbor asking for the police

[@strnglhld]

What ended up happening

[@justtrying2066]

I need you in Greenville ohio